Terreno de Marinha and Laudêmio

Checking with the SPU and clearing a sale

Read the matrícula

Look for the words domínio útil, foreiro, aforamento, União or SPU, and for a RIP, the federal property number. Their absence does not clear the property, because private registry entries do not bind the Union.
Who: you or your lawyer. Time: when the certificate arrives.
Ask the seller for the RIP and the bills

A seller on federal land receives a yearly federal bill. Ask for the RIP and recent payment slips. If the seller says the property is clear, ask for that in writing.
Who: seller. Time: same day, if they know.
Check the record on the Portal SPU

The service for consulting federal property records is free and answered at once. You need a gov.br account at Bronze level or higher. It shows the record, improvements and uses. Ask a lawyer to check whether the land is demarcated or only presumed federal.
Who: anyone with a gov.br login. Cost: free.
Calculate the laudêmio

On the Portal SPU, enter the RIP, the declared transaction value and the percentage transferred. The system issues a Ficha de Cálculo de Laudêmio and a DARF, the federal payment slip.
Who: seller, or buyer in the seller's name. Cost: 5% of SPU land value.
Clear the debts and pay

The seller must be up to date on foro or occupation fees. An SPU circular says the certificate can be issued 48 hours after payment of the laudêmio and any debts.
Who: seller. Time: 48 hours after payment.
Issue the CAT

The Certidão de Autorização para Transferência is free, comes in the current holder's name, and is valid for 90 days. A notary needs it for the deed, so time it with the closing.
Who: seller or lawyer. Cost: free. Time: immediate.
Sign and register

The deed goes to the notary with the CAT. For aforamento, the transfer document must be registered at the Registro de Imóveis.
Who: notary, registrar.
Move the record to your name

Ask the SPU to change the responsible party within 60 days of the transfer. Late filing costs 0.5% a month of the land value. The SPU may take up to 60 days to answer.
Who: you or your attorney. Cost: free if on time.

What terreno de marinha is

The name misleads. This land has nothing to do with the navy. Terrenos de marinha belong to the Union, the federal government (Constitution, art. 20, VII), and the Secretaria do Patrimônio da União, the SPU, manages them.

Decree-Law 9.760/1946 defines them as a strip 33 meters deep, measured inland from the mean high tide of 1831 (art. 2). Land later formed toward the sea, naturally or by landfill, is treated as accrued land, terrenos acrescidos (art. 3). Reach can extend to rivers and lagoons under tidal influence, so the strip does not always follow a beach.

Three consequences follow for a buyer:

The line is 195 years old and has often been drawn from old maps. It may now sit well inland of the sea, or under water.
A clean private title does not protect you. STJ Súmula 496 says private registrations of property on terreno de marinha do not bind the Union. A title check alone can miss it.
A buyer does not get full ownership. At best it is a share of it, and at worst a permission.

The scale is large. A 2020 paper put the SPU's stock of dominial property under aforamento or marine land at 524,660 items out of 746,481 federal properties. A Senate report from 2016 spoke of nearly 500,000 properties in about 240 municipalities.

Aforamento, ocupação and the difference for a buyer

Most private holdings on this land take one of two forms. They carry different rights and different costs, so find out which applies before you discuss the price.

The two regimes side by side
	Aforamento	Ocupação
Nature of the right	A real right. The Union keeps 17%, the direct title, and you hold 83%, the domínio útil	A personal right to use the land
Yearly charge	Foro, 0.6% of land value	Taxa de ocupação, 2% of land value
Can the Union end it?	Only on listed grounds	Yes, when it needs the land
Registered at	Registro de Imóveis	The SPU's own record
Bought out?	Redemption at 17% of land value, where allowed	May be upgraded or sold by the SPU under its rules

The ocupação line deserves slow reading. Registering and paying the fee does not recognize any ownership (art. 131). The Union can take the land back when it needs it and remove the occupant summarily, with improvements paid for only where the occupation was in good faith (art. 132). The fee buys use of the land and nothing more.

The 2002 Civil Code banned new private emphyteusis, the old form of split ownership, but left marine land to its own special law (art. 2.038, §2), so aforamento survives here.

The ocupação risk matters most on a house with land. In an apartment building, a fraction of the plot is what's at stake, and the building as a whole carries the same exposure.

A commonly reported trap is buying without knowing. Writers in Conjur describe buyers who took a private contract or even a registered deed unaware the land was federal, then had to go to the SPU, pay the charges, and regularize. Posse and escritura covers the related problem of buying possession with no title at all.

How the laudêmio is worked out

The laudêmio is a transfer charge owed to the Union. Under Decree-Law 2.398/1987, art. 3, a paid transfer between living persons depends on prior payment by the seller of 5% of the updated value of the land, excluding improvements. Law 13.240/2015 removed buildings from the base, and Law 13.465/2017 gave the article its current wording.

Key points:

It covers paid transfers: sales, exchanges and contributions of property to a company's capital. Non-paid transactions need no laudêmio slip.
The base is land only. So the building's value does not count. In a building, your share of the land is what's charged.
The SPU does the sum, on request (art. 3, §3). The portal asks for the declared price and transferred percentage, while the statute refers to the updated land value. Expect the system's figure, and check it.

Worked example: Copacabana

O Globo published a real calculation after Law 13.240/2015 for a 140 m² apartment in Copacabana priced at R$ 2.21 million (about US$ 407,700). Under the old rule the laudêmio was R$ 51,000. Under the new rule it was R$ 33,100 (about US$ 6,100).

That R$ 33,100 implies a land value of R$ 662,000 for the unit, as R$ 33,100 divided by 5%. Using the same base:

Copacabana unit, derived from the published 2016 figure
Charge	Sum	Result
Laudêmio, on sale	5% × R$ 662,000	R$ 33,100 once
Foro, if aforamento	0.6% × R$ 662,000	R$ 3,972 a year
Occupation fee, if ocupação	2% × R$ 662,000	R$ 13,240 a year
Redemption of aforamento	17% × R$ 662,000	R$ 112,540 once

The SPU updates values, so a calculation done today will differ. The article did not say which regime that unit was under. Use the portal for a live figure.

Worked example: Boa Viagem style apartment

Take a 90 m² unit in Boa Viagem at the FipeZAP average for Recife of R$ 9,045 per m²: R$ 814,050 (about US$ 150,200). Assume the SPU's land value for your fraction is 20% of the price, R$ 162,810. The 20% is an assumption for illustration, and a real value may differ a good deal.

Laudêmio: R$ 8,140.50, or about US$ 1,500.
Foro: R$ 976.86 a year.
Occupation fee: R$ 3,256.20 a year.
Fine for filing late with the SPU: R$ 814.05 a month.

Add these to the budget in closing costs, which covers the ITBI and registry fees that come on top.

Foro and the occupation fee

Both charges come round every year, for as long as you hold the property, and both are worked out on the land value excluding buildings.

Foro. Aforamento land pays 0.6% of the full value of the land, updated each year (Decree-Law 9.760/1946, art. 101). Failing to pay for three years in a row, or four years in total, puts the aforamento at risk (art. 103, §1), and the holder can only revive it on the Union's terms.

Taxa de ocupação. Occupied land pays 2% (Decree-Law 2.398/1987, art. 1). Before Law 13.240/2015 it could reach 5%, including the built area.

Check arrears before you sign, because the notary's certificate depends on them. Decree-Law 2.398/1987, art. 3 makes the SPU's certificate confirm that the seller is up to date on the obligations for this property. Open debts stop the sale until someone pays them.

After a sale, the old holder stays liable until the SPU is told. Art. 132-A of Decree-Law 9.760/1946 gives a former occupant 60 days to notify it, or they keep the debts until they do. Art. 3, §4 of Decree-Law 2.398/1987 gives the buyer 60 days to ask for the record to be moved, with a fine of 0.5% of the land value per month or part of a month (§5).

Buying the Union out

The holder of aforamento may redeem it for 17% of the full land value, excluding improvements (art. 123). Where the land is outside the safety strip, an SPU decision on a redemption request is a bound act, meaning the agency has no discretion if the conditions are met (art. 122). Law 13.240/2015 also opened a route to sell federal holdings to occupants, and a 2016 Senate report mentioned a 25% discount for sales within a year. Check the current terms with the SPU, as these programs change.

Where it matters by market

Published breakdowns are patchy. The SPU's stated data below are from press reports, some of them years old. No such list clears a particular address. The portal and the matrícula do that.

What published sources say about coastal markets
Market	What sources say
Rio de Janeiro	A 2016 report gave 101,596 properties in the state and 55,919 in the capital. Per the SPU, 80% of affected properties in the capital lie in a list that includes Barra da Tijuca, Botafogo, Flamengo, Copacabana, Centro, Urca and Leme. Jardim Oceânico and Tijucamar have seen a residents' lawsuit over demarcation. Ipanema and Leblon are not on the list, which leaves them unconfirmed either way.
Florianópolis	A 2018 report said a redrawn line could take in about 37,000 properties, naming Pontal da Daniela, Carianos, Itacorubi and João Paulo. It said the only stretch already demarcated on the island was the 33-meter strip between Agronômica and Saco dos Limões. See the island rule below.
Recife	A federal court in 2024 found the SPU's 1831 line technically flawed, after a suit filed in 2007. The press reports did not list neighborhoods. Boa Viagem and Pina are beachfront and worth checking.
Fortaleza and Ceará	14,661 properties in the state in 2021: 7,391 in aforamento and 7,270 in ocupação. No breakdown by neighborhood, so check Meireles, Mucuripe and Praia do Futuro address by address.
Maceió and Alagoas	A law review article says much of the Alagoas coast is not demarcated, leaving land "presumed" federal. This reaches Pajuçara, Ponta Verde and the coast up to Maragogi, subject to checking each address.
Garopaba	A federal appeals court in 2016 ordered the Union to demarcate and regularize a subdivision at Praia da Ferrugem that sat on marine land.

For Salvador, Natal, Búzios, Guarujá, Balneário Camboriú, Trancoso and other coastal markets, this research found no reliable public breakdown. The legal test is the same: where the land stands against the 1831 line. Do not assume that a property two blocks back is outside. Landfill and accretion can move the protected strip far from today's shore.

Presumed federal land and disputed lines

Demarcating the 1831 line is unfinished. A 2020 paper calls this a heavy burden on the SPU, and a law review article, citing SPU numbers, says about half of the coast has not been done.

Where it has not, the SPU uses a concept from its own rules. Normative Instruction 28/2022, art. 64 refers to property "presumidamente da União", presumed federal, where missing or unfinished demarcation prevents a final position. In Alagoas, the local SPU has issued certificates reserving the Union's rights on this basis.

Courts have pushed back. The Federal Regional Court of the 5th Region, which covers much of the Northeast, has held that calling land presumed federal does not let the SPU charge laudêmio, foro or occupation fees before demarcation is finished, as quoted in the Alagoas article. That ruling helps you against a bill. It does not remove the doubt from the title. The same article reports that banks hesitate to lend on property in this limbo, since a fiduciary lien needs full ownership. If you plan to borrow, ask the lender early. Financing options has the wider picture.

A demarcation can also arrive after you buy. In Florianópolis, owners were to be notified starting January 2019, with 60 days to file an appeal. Federal prosecutors opened an inquiry into the method, which rested on aerial photos from 1938 and 1957 and a 2001 survey.

In Recife, the 2024 federal judgment (case 0021238-84.2007.4.05.8300) went further. The court ordered the Union to:

annul charges adjusted from 2004 onward by market value, and use monetary correction of earlier fees instead;
remove areas the expert report did not recognize from its register;
keep only property within 33 meters of the 1831 line where tidal influence is proven;
annul demarcation where those affected were not personally notified.

The press reports did not say whether the Union appealed, so do not treat this as final. New transfers there were still to start from market value.

Island cities

Constitutional Amendment 46/2005 took coastal islands with a municipal seat out of the Union's list of property. That raised a question in places such as Florianópolis, Vitória, São Luís and Ilhabela: does marine land on those islands still belong to the Union?

The Supreme Court answered yes in RE 636.199 (Tema 676, 2017). The amendment moved title to the islands and did not touch the Union's title to marine land on them.

Congress then softened the cost. Art. 6-A of Decree-Law 2.398/1987, added by Law 13.240/2015, waives occupation fees, foros and laudêmios on marine land in occupation on oceanic or coastal islands with a municipal seat, from the 2005 amendment until demarcation is finished, with no back charge when it ends. The text covers land registered in occupation, so an aforamento holder on those islands cannot rely on it.

Worked example: a lot on the island

The 2018 report on Florianópolis mentions a lot valued at up to R$ 500,000 (about US$ 92,250). Treat that as the land value. It might also be worth less on the SPU's books.

If the waiver applies	Once the line is settled, with ocupação	With aforamento instead
R$ 0 laudêmio and R$ 0 a year	R$ 25,000 laudêmio on sale, R$ 10,000 a year	R$ 25,000 laudêmio on sale, R$ 3,000 a year, R$ 85,000 to redeem

So on these islands a buyer can pay nothing today and face real costs later. Ask where the demarcation stands, and do not read today's silence from the SPU as an all-clear.

Foreign buyers and the 100-meter strip

This rule is easy to miss. Art. 205 of Decree-Law 9.760/1946 says Union property in certain zones may not be sold, ceded or transferred to foreign individuals or companies without authorization from the President of the Republic. The zones are those in art. 100, letter a: the border strip, a strip of 100 meters along the coast, and a 1,320-meter radius around forts and military sites. The power may be delegated to the minister and then to the SPU secretary (§2).

Two exceptions cover many buyers:

Condominium units. No authorization is needed for units in urban areas, if the ideal fractions taken together stay within one-third of the total area (§1).
Small plots, individuals only. Under §3, added by Law 13.465/2017, individuals need no authorization to take transfer of plots of up to 1,000 m² inside the 100-meter coastal strip.

Examples of how the rule falls
Buyer and property	Authorization under art. 205?
Foreign individual, apartment in an urban condominium at Ponta Negra	No, within the one-third limit
Foreign individual, 800 m² house plot on federal land within 100 m of the sea	No, under §3
Foreign individual, 2,500 m² plot on federal land within 100 m of the sea	Yes
Foreign company, any plot of that kind	Yes; §3 covers individuals only
Brazilian company controlled from abroad	Ask a lawyer; the text says foreign companies, and rural land rules treat controlled companies as foreign

This is separate from the limits on rural land, which turn on residence and module size. A beach plot can be subject to both, so read the rural land guide as well. If you are closing from abroad, the attorney cannot override any of this. Power of attorney for buying property covers what can be delegated.

Who pays, and what to write in the contract

The statute puts the laudêmio on the seller: "prévio recolhimento do laudêmio pelo vendedor". It does not address whether the parties can shift the cost by contract. The portal lets whoever has the data generate the slip, so a buyer can end up paying it in the seller's name. If you are paying it, the price should reflect that. Sort it out in the first offer, since it can be a five-figure sum.

Include these in the promise of sale:

The RIP and the regime.
Who pays the laudêmio and who pays any debts found.
A date for issuing the CAT, tied to the deed so that its 90 days do not run out.
The seller's warranty that the SPU bills are paid up to the handover date.
A way out if the SPU refuses the certificate because the area is of public-service interest.

The CAT is a real gate. Under art. 3, §2 of Decree-Law 2.398/1987, the SPU certificate must state that the laudêmio has been paid, the seller is up to date, and the land is not in an area of public-service interest. Notaries and registrars answer personally if they act without it. Registry rules on when to demand it differ by state, so ask the notary and registry where the property sits. SPU Normative Instruction 1/2018, art. 18 is the rule on the certificate itself.

Watch the date. A CAT lasts 90 days from issue, so plan a fresh one if closing slips, and allow extra time when the buyer or seller is abroad.

A seller clearing this ahead of time has an easier sale. If you are listing such a property on the free sale page, state the regime and yearly charge up front. If you are looking on the for-sale page, ask for them. Selling as a foreigner covers the sale from the other side.

Status of PEC 3/2022

PEC 3/2022 is a proposed constitutional amendment, often called the PEC das Praias. It is not law. Buy on the rules that exist today.

The Chamber of Deputies passed it in February 2022 after 11 years as PEC 39/2011. It has since sat in the Senate's Constitution and Justice Committee, with Senator Flávio Bolsonaro as rapporteur. A public hearing took place in May 2024. On 4 December 2024 the committee granted a collective request for more review time, with no new date set. The Senate's own page shows a further report from the rapporteur on 31 March 2025, and its status as still under consideration. A September 2026 article in Migalhas describes it as stalled for lack of consensus.

What it would do

Transfer ownership of marine land to states and municipalities for free in some cases, and to private holders for payment.
Let registered holders deduct foro or fees paid over the previous five years, corrected by the Selic rate.
Let unregistered occupants buy after at least five years of good-faith occupation before the amendment.
Keep federal use, federal environmental areas and unoccupied land with the Union, and leave with the Union any property whose occupant declines to buy.
End foro, occupation fees and laudêmio on land transferred.

The Navy and the federal government opposed it in 2024. The government argues that it could restrict beach access. The rapporteur's report says beaches stay public, and critics say leaving access to municipal plans is too weak. Either way, private holders would pay to convert, so even if it passes, a holder should expect a bill and not a free title.

Earlier promises are a warning. A 2021 press report said the end of the laudêmio had been announced. As of 3 November 2026, the Planalto text of Decree-Law 2.398/1987 still sets it at 5%. Don't price a purchase on a future reform.

Questions

How do I know if a property is on terreno de marinha?

Check the matrícula for domínio útil, aforamento or a RIP, then check the Portal SPU and ask the seller for federal bills. Private title alone does not settle it, under STJ Súmula 496.

How much is the laudêmio?

5% of the SPU's updated value of the land, excluding buildings, on a paid transfer. It is not 5% of the price. The SPU calculates it on request.

Who pays the laudêmio in Brazil?

The law puts it on the seller. The statute does not say whether the parties can shift the cost, so settle it in the contract.

What is the difference between foro and taxa de ocupação?

Foro is 0.6% a year on aforamento, a real right where you hold 83% of the land. The occupation fee is 2% a year on ocupação, a personal right the Union can end when it needs the land.

Can a foreigner buy on terreno de marinha?

Often yes. Inside the 100-meter coastal strip, a foreigner needs federal authorization unless the property is a condominium unit in an urban area within the one-third limit, or the buyer is an individual taking a plot of up to 1,000 m².

Has PEC 3/2022 abolished the laudêmio?

No. It was still in the Senate's committee on the latest information found, in September 2026. The 5% charge remains in Decree-Law 2.398/1987.

How long is the CAT valid?

90 days from issue. It is free and can be re-issued within that period.

Do I pay these charges on an island such as Florianópolis?

On marine land in occupation on an island with a municipal seat, art. 6-A waives them until demarcation is finished. The land still belongs to the Union, per the Supreme Court's Tema 676, so charges can begin once the process ends.

Sources

Written by Lucas Andrade. Updated November 2026. General information, not legal, tax or investment advice. Ask a Brazilian lawyer about your own case.